GIRISHBHAI NARANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring present application, applicant has requested to quash and set aside the judgment dtd. 31/3/2022 passed by learned Principal Judge, Family Court, Jamnagar in Criminal Misc. Application No.112 of 2020 granted maintenance directing the applicant to pay Rs.8,000.00 per month to the respondent no.2 and Rs.4,000.00 per month to the respondent no.3 from 25/11/2019 (date of filing application under Sec. 125 of the Code of Criminal Procedure) .

(2.) Brief facts of the present case are as under:

(3.) That, the Marriage between the applicant and the respondent No.2 wife was solemnized according to customary rites and rituals in family on 2/6/2014 residing in the joint family. The initial span of marriage was good and after some time the in- laws had started torturing the respondent no. 2. In the span of one and half years of the said marriage, baby boy namely Maulik born and on the ground of instigation through the family members, the torturing started with regards to the trivial issues. During pregnancy of respondent no.2, the applicant wanted to have only baby boy and the applicant did not take care of respondent no.2. At the time of delivery also, the applicant did not make proper arrangement of food and etc. during the period while respondent no.2 admitted in the hospital. Thereafter, after a period of one and half month from the date of delivery, the parent of respondent no.2 took her to their home and the parents of respondent no.2 requested the applicant to bring her back to her matrimonial house after one month. However, even after a period of three months, the parents inquired with the applicant to bring her back to his house, however, the applicant gave evasive replies, demanded for dowry and also doubted about the character of respondent no.2. Thereafter, after settlement arrived at between them, applicant in the year August, 2017 accepted respondent no.2 back to his house after a period of two years. Thereafter, time and again respondent no.2 was physically and mentally tortured by applicant and hence, respondent no.2 filed complaint before the Police Station on 21/11/2020. Thereafter, respondent no.2 has preferred Criminal Misc. Application No.112 of 2020 before the learned Principal Judge, Family Court, Jamnagar. The said application came to be partly allowed and the Trial Court directed the applicant to pay maintenance of Rs.8,000.00 per month to respondent no.2 and Rs.4,000.00 per month to respondent no.3 herein. Hence, the present application is preferred by the applicant.